HomeMy WebLinkAbout07062010 Planning & Zoning Work Session Packet 15.10.210. Adoption of zones.
(a) The city is hereby divided into zones, whose definition and purpose are identical to
those in section 15.05.025(b), which shall be bounded and defined as shown on the
official zoning map. The official zoning map,together with all explanatory matter
thereon, as exhibited at the time of public hearing, is hereby adopted by reference and
declared to be a part of this chapter.
(b) Undesignated, annexed lands. Property which has not been specifically included
within a zone and lands which may hereafter be annexed to the city shall be classified
rural residential until such classification is changed by amendment to the zoning
ordinance as provided by section 15.01.035.
(Ord. 626, § 3, 1989; Ord. 649, §§ 3, 4, 1991)
15.10.215. Parking.
(a) Except in the CB and the HC districts, there shall be provided permanently
maintained off-street parking for each principal business and each marine charter
business. It shall be the responsibility of the business owner or marine charter business
operator to provide and maintain said off-street parking in accordance with this chapter
continuously during the life of the business or the operation of the marine charter
business.
(b) For each principal building or use within a principal building, there shall be no less
than the number of off-street vehicle parking spaces specified under this section:
TABLE INSET:
Land Use Minimum Number of Parking Spaces
Dwellings and Lodges
Single-family and 2-family dwellings 2 parking spaces per dwelling unit
and parish houses
Multiple-family dwellings and other 2 parking spaces per dwelling unit plus 1/2 space
places containing multiple dwelling for every unit larger than 2-bedrooms or greater
units than 1,000 square feet in size
Hotels and motels 1 space per guest unit
Lodging, rooming and boardinghouses 1 space per guest room plus spaces for the
principal dwelling unit
Dwelling, apartment efficiency 1 off-street parking space in addition to those
required of the principal dwelling
Institutions and public uses
Churches, auditoriums, sports arenas,
_ funeral chapels, theaters and other 1 space for each 4 seats maximum capacity
places of public assembly
Multi-family dwelling, institutional 1 space per unit
Sanitariums, nursing homes, and other 1 space per 2 residents at maximum capacity
similar institutions
Dormitories 1 space per 4 residents at maximum capacity
Hospitals 1 space per 2 beds at maximum capacity plus 1
space for each employee on duty
Public libraries, museums and art
galleries; post offices; 1 space per 1,000 square feet of gross floor area
community/senior centers
1 parking space for every 4 seats in the main
Primary and secondary public and auditorium or assembly room, or 3 parking spaces
private schools for every classroom plus 1 parking space for each
staff member or employee, whichever is greater
Post-secondary, vocational and music 1/2 parking space for each instructor and 1/2
schools; dance studios and colleges space for each student,based upon maximum
student capacity at one time
1/2 space for each staff member and employee
Day care, nurseries and kindergartens plus 1 space for each 1,000 square feet of gross
floor area
Offices
Office buildings (public and private), 1 parking space for each 500 square feet of gross
professional center, financial office floor area,but not less than 2 spaces
institutions and other similar uses
Two spaces per treatment room and one for each
Office (medical or dental) doctor, dentist, hygienist or other professional
practitioner on site.
Entertainment and Services
Skating rink, youth hall, fraternal and 1 parking space for each 100 square feet of gross
civic club, assembly hall and other floor area
similar uses without fixed seats
1 parking space per 200 square feet of gross floor
Eating and drinking establishment area, or one for each 4 seats, whichever is greater
Bowling alley 4 parking spaces for each alley plus 1 for each
employee on duty
Commercial
Food store, shopping center and mall 1 parking space for each 250 square feet of gross
floor area but not less than 6 spaces
Barber, beauty and other personal 1 parking space per 100 square feet of gross floor
services shop area
Retail store or service business 1 parking space for each 300 square feet of gross
floor area
Service or repair shop; retail store
handling exclusively bulky merchandise 1 parking space for each 400 square feet of gross
such as machinery, furniture, wholesale
floor area
stores, appliances, carpet, showrooms,
etc.
Motor vehicle sales and service 1 parking space for each 400 square feet of gross
establishment sales floor area plus 4 spaces for each auto service
stall
1 parking space for each 500 square feet of gross
Laundry and dry cleaning floor area, or 1 parking space for each 4 coin-
establishment operated washing machines, dryers or dry
cleaning machines,whichever is greater
1 parking space for each 2 gas pumps plus 2
Gasoline service station spaces for each grease rack, wash rack and stall
for servicing vehicles
Industrial
Industrial, processing,manufacturing 1 parking space for each 500 square feet of gross
and assembling floor area except that office space shall provide
parking space as required for offices
Warehousing, storage and wholesale 1 parking space for each 1500 square feet of gross
business floor area,but not less than 3 spaces
Marine Related Uses
1 parking space for every 2 established boat stalls
or equivalent berths based on an average boat
Harbor or marina length of 40 feet and, if a launch ramp is included,
a minimum of 20% of the spaces will be long
enough to accommodate vehicles with boat
trailers
Day cruise, charter boat operators 1 parking space per 4 people maximum capacity
licensed for 20 or more people
(c) Unlisted uses. The requirements for off-street parking facilities for uses not
specifically mentioned in this section shall be the same as the above-mentioned use
which, in the opinion of the administrative official, is most similar to the use not
specifically mentioned.
(d) Minimum dimensions of off-street spaces and aisles. The minimum dimensions of
spaces and aisles shall be as follows:
(1) Parking spaces shall be at least 8 1/2 feet wide and 18 feet long.
(2) The minimum width of traffic aisles providing access to parking lot spaces shall be:
TABLE INSET:
Angle of Parking(Degrees) One-Way(feet) Two-Way(feet)
Parallel 12 20
30 11 20
45 13 20
60 16 20
90 20 20
(e) Location. Subject to (1) and(2) of this subsection, all required parking shall be
located on the lot occupied by the principal use served, or on a lot abutting the lot
occupied by the principal use.
(1) Required parking may be provided on a lot that is not occupied or abutting the
principal use, provided that (i) there is a pedestrian route not longer than 600 feet to the
lot occupied by the principal use, or(ii) access is provided by a scheduled shuttle service
or a valet parking attendant.
(2) Required parking may be located on a lot not occupied by the principal use served
only if(i) parking is a permitted or conditional use in the zoning district for the lot, and
(ii) the lot is made subject to a recorded agreement among its owner, the owner of the lot
occupied by the principal use and the city that the required parking will be maintained for
the benefit of the principal use served for the life of that use.
(f) Site plan. A site plan showing all parking areas shall accompany all applications for
building permits. Said plan shall show dimensions of spaces, curb cuts and other
information necessary to determine compliance with the provisions of this section. The
administrative official shall approve or reject the site plan on the basis of compliance
with the requirements of this section. No building permit shall be issued until the parking
site plan is approved.
(g) Street access. All off-street vehicle parking facilities shall be designed with
appropriate means of access to street, alley or other right-of-way, and will have adequate
maneuvering area. No driveway or curb cuts in any district shall be less than 12 feet or
more than 25 feet in width. Detailed plans for all curb cuts shall be submitted to the
administrative official for approval before a building permit is issued.
(h) Parking lots. Every lot or parcel of land used as a public or private parking area
shall be developed as follows, subject to the approval of the plans by the administrative
official:
(1) Lighting of all parking areas shall be arranged to reflect away from adjacent
residential areas and all public streets and highways;
(2) All parking spaces and lots shall be durably surfaced, free of mud and standing
water, and be dust free;
(3) Where such area adjoins the side of a lot in any residential district, it shall be
separated from such lot by a fence or hedge not less than four feet or more than six feet in
height. Such fence or hedge shall be maintained in good condition and shall not extend
beyond front yard Iines required in such residential district;
(4) All parking(except that serving single-family and duplex residences) shall be so
arranged that ingress and egress are possible without backing over a sidewalk, sidewalk
area, or onto a street of collector or larger designation; and
(5) Turning and maneuvering space (except that which services single-family and
duplex residences) shall be located entirely on private property,provided that the usable
portion of an alley may be credited as aisle space subject to safety approval by the city
engineer.
(i) Dual use of lots. Two or more buildings or uses may collectively provide the
required off-street parking, in which case the required number of parking spaces shall not
be less than the sum of the requirements for the several individual uses computed
separately. In the instance of dual function of off-street parking where operating hours of
uses do not overlap, the planning and zoning commission may,by conditional use permit,
reduce the required parking to any amount that meets the requirements of each use.
0) Computation of numbers of spaces. In figuring the total parking requirements for a
use, any fraction of one-half or more shall require one more space.
(k) Reduction of spaces. No existing parking area and no parking area provided for the
purpose of complying with the provisions of this section shall, after adoption of the
ordinance codified in this chapter,be relinquished or reduced in any manner below the
requirements of this section.
(1) Uses of parking areas. Required parking areas and spaces shall not be used for sales
display, storage, repair work or any other purposes other than parking. All vehicles in
custody of an operator of a business for service,repair, storage, sale, or other purpose
shall be stored on the premises or on a separate vehicle parking lot and shall not be
parked on a public right-of-way.
(m) Location on property. Parking spaces shall be permitted in any required yard area
provided that within the residential districts no parking space shall be permitted within
five feet of any side property line.
(n) Intersection with public street. At the intersection of any private drive or entrance or
exit for a common parking area with a public street, no fence, wall,hedge, or other
planting or structure forming a material impediment to visibility between a height of 2
1/2 feet and eight feet shall be erected, planted, placed or maintained, and no vehicle so
impeding visibility shall be parked within triangular area defined by lines connecting
points as follows:
Beginning at the point where the midline of the private drive or entrance or exit for a
common parking area intersects the public right-of-way to a point 35 feet along the right-
of-way line in the direction of the nearer lane of approaching traffic, thence to a point 25
feet toward the interior of the property along the previously described midline, and thence
to point of beginning.
(o) Accessible parking requirements. All parking shall comply with the Americans with
Disabilities Act.
(p) Group use of lots. Where more than one tenant or use is included within any one
building or on any one lot, the parking requirements shall be the sum total of the parking
requirements for all of the various tenants or uses provided,however,that:
(1) The aggregation of tenants or uses shall meet all the requirements within the
definition of"shopping center" in order to become entitled to utilize the parking ratio
specified in section 15.10.215(b).
(2) Where a hotel or motel has other principal uses such as restaurants, bar and meeting
rooms located on its premises,the principal use requiring the greatest amount of parking
shall provide 100 percent of the required parking spaces and the other uses shall provide,
in addition, at least 70 percent of the parking spaces which would be required if these
were stand-alone uses.
(3) Where a convenience store includes a self-service gas station,the required parking
shall be determined by the parking ratio specified in section 15.10.215(b).No additional
parking spaces will be required for gasoline service station.
(Ord. 626, § 3, 1989; Ord. 93-06; Ord. 94-17; Ord. 96-02; Ord. 96-13; Ord. 98-06; Ord.
98-09, § 2; Ord. No. 99-13, § 1, 1999; Ord. 99-16, § 4, 1999; Ord. No. 2006-007, § 1, 9-
7-2006)
15.10.220. Development requirements.
(a) Table 15.10.220, development requirements, is incorporated herein by reference and
the restrictions contained therein are mandatory unless otherwise modified by this
chapter. (See tables at the end of this title; see also section 15.10.210.)
(b) Building height. The purpose of building height standards is to prevent loss of life
or excessive property damage through the inability of the city fire department to reach
upper stories or roofs and to help maintain the character of neighborhoods.
(c) Setbacks--Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight,
views,privacy, fire separation and visual relief between structures.
(2) No yard or other open space provided about any building for the purpose of
complying with the provisions of this chapter shall be considered as providing a yard or
open space for any other building, and no yard or open space on one lot shall be
considered as providing a yard or open space on any other lot.
(3) No yard or lot shall be reduced in size or area below the minimum requirements set
forth herein. Yards or lots created after December 5, 1978 shall meet at least the
minimum requirements established by this chapter.
(4) In cases of corner lots with multiple frontages, the administrative official shall
designate the front yard, and all other frontages shall be designated as a side to a street.
(5) All structures shall be designed and constructed to prevent roofs from shedding
snow onto adjacent lots, structures, fences, or other property.
(Ord. 99-10, § 3)
15.10.225. Land uses allowed.
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the
restrictions contained therein are mandatory unless otherwise modified by this chapter.
(See Tables at the end of this Title.)
(b) Lodging as defined in section 15.10.140(b) is allowed in accordance with table
15.10.225 of this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit,the city shall conduct an annual life safety inspection of each
guest room to assure compliance with the current Uniform Building Code door/window
egress standards, the presence of an operable and inspected fire extinguisher and
adequate smoke detection systems, a posted evacuation plan, and visible signs showing
exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home
occupation within an owner-occupied dwelling which is the owner's principal place of
residence and to the rental of not more than 50 percent of the bedrooms to a maximum of
five.
(5) In all other residential districts, lodging within single-family residences and duplexes
is limited to a home occupation within the business owner's principal place of residence
and to the rental of not more than 50 percent of the bedrooms to a maximum of five.
(6) Within commercial districts, lodging is limited to the rental of not more than five
guest bedrooms regardless of building or business ownership.
(7) Multi-family dwellings used for lodging purposes are not required to be the business
or property owner's residence. The use shall be limited to not more than five apartment
units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment
unit tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or
apartments is considered a motel or hotel for building and other code interpretation
purposes.
(c) Transient merchants as defined in section 15.10.140(b)of this chapter and which are
allowed in accordance with table 15.10.225 are subject to the following development
requirements:
(1) For purposes of this chapter, such use shall be limited to a period not exceeding 150
consecutive days in a calendar year.
(2) Transient merchants shall provide for the concealed storage of all inventory,
supplies, equipment and other materials brought to the site in connection with the
business conducted there.
(3) Transient merchants using vehicles and trailers in the operation of transient business
activities authorized by this chapter shall ensure that the area of operation meets the
required setbacks as provided by section 15.10.220. In no case shall the allowed area of
operation be less than five feet from any property line, permanent structure or other
transient merchant.
(4) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the temporary structure.
(5) Any additions, including but not limited to porches,platforms and decks, shall be
sided or painted to match the temporary structure prior to operation.
(6) Every transient merchant shall provide sufficient trash receptacles on-site and ensure
the proper disposal of all garbage collected on the site.
(7) The use of generators is prohibited.
(8) No transient merchant shall conduct business on property owned or operated by the
city except in accordance with chapter 8.10 of this Code.
(9) Transient merchants shall conform to all federal, state and local laws.
(d) Commercial electronic towers, satellite dishes and antennas are allowed in
accordance with Table 15.10.225 of this chapter subject to the site being fenced.
(e) Livestock as defined in section 15.10.140(b). Are allowed in accordance with Table
15.10.225 of this chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal;
(2) Livestock fencing shall be no closer than five feet from a property line;
(3) A city approved drainage plan showing that runoff from the livestock corral or pen
will not adversely impact neighboring property or stream;
(4) A city approved manure storage and disposal plan. The manure storage pile shall not
be closer than 25 feet from any property line.
(Ord. 626, § 3, 1989; Ord. 633, §§ 3, 4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord.
91-04; Ord. 92-02; Ord. 94-11; Ord. 94-25; Ord. 95-07; Ord. 95-13; Ord. 95-17; Ord. 96-
05; Ord. 97-13; Ord. 98-09, § 4)
15.10.230. Special setbacks--CB and I districts.
(a) Central business district. Except where separated by a public right-of-way, where
the CB district abuts residential districts, a minimum setback equal to that required of the
abutting district shall be required.
(b) Industrial district. Where industrial (I) districts abut residential districts, a minimum
setback of ten feet shall be required.
(Ord. 626, § 3, 1989; Ord. 93-08)
15.10.235. Townhouses.
(a) Generally. The standards set forth in this section shall complement the general
standards set forth in this chapter and shall not be construed as superseding any general
standard. In the event of conflict, the stricter standard shall control. Notwithstanding the
provisions of any other section of this chapter, townhouses shall be conditionally
permitted in accordance with the land uses allowed table 15.10.225 if the following
requirements are met.
(b) Conditions. The proposed development meets all conditions specified in this chapter
under section 15.10.320, conditional use permit. All townhouse developments
constructed pursuant to a conditional use permit issued under the provisions of this
chapter shall be constructed in compliance with current state statutes.
(c) Plan. A detailed development plan is submitted with the application for a
conditional use to include a site plan, drawn to scale. Such site plan shall include, but
shall not be limited to, the topography and drainage of the proposed site, the location of
all buildings and structures on the site, courts and open space area, circulation patterns,
ingress and egress points,parking areas (including the total number of parking spaces
provided), and a general floor plan of the principal buildings, together with other such
information as the commission shall require. The number of contiguous units permitted
shall be related to the topography, aesthetics, access and public safety. The development
plan and the conditional use application may be rejected or modified if the development
- plan is not consistent with good design, efficient use of the site, and community
standards.
(d) Number of units. Not more than six contiguous townhouses shall be built in a row
with the same or approximately the same front line.
(e) Separation requirement. No portion of a townhouse or accessory structure in or
related to a group of contiguous townhouses shall be closer than 15 feet to any portion of
a townhouse or accessory structure related to another group, or to any building outside
the development area.
(f) Minimum lot width. Minimum lot width for an individual townhouse is 12 feet.
Larger lot and townhouse units may be required to assure adequate living space.
(g) Lot coverage. The maximum lot coverage by all buildings shall be 40 percent.
Carports open on three sides shall not be considered buildings for calculating maximum
lot coverage.
(h) Parking. Grouping of parking spaces is desirable; provided,that spaces intended for
a particular unit are no more than 100 feet from the unit. On minor streets,use of the
right-of-way may be permitted for maneuvering incidental to parking where this will
facilitate snow removal. On collector and arterial streets, maneuvering incidental to
parking shall not be permitted.
(i) Covered storage. Two hundred cubic feet of covered storage space shall be provided
exclusive of the living area of the unit.
0) Party walls. All party walls shall adhere to fire safety standards as established by the
city fire code.
(k) Homeowners association. The developer or subdivider of any townhouse
development shall give evidence that compliance with the Common Interest Ownership
Act, AS 34.08, has been made prior to the sale of any townhouse dwelling units.
(1) The developer or subdivider of any townhouse development shall deposit with the
appropriate homeowners association, formed in compliance with the Common Interest
Ownership Act cited in this section, a contingency fund in the sum of$500.00 per
dwelling unit in the townhouse development fund.
(2) A copy of the declaration and bylaws of the homeowners association showing in
what manner the aforesaid contingency fund shall be controlled shall be furnished to the
city for review and approval.
(1) Landscaping. All areas not devoted to buildings, drives, walks,parking areas or
other authorized installations shall be covered with one or more of the following: lawn
grass, natural or ornamental shrubbery or trees.
(m) Rights-of-way. All roadways, fire lanes, or areas for maneuvering incidental to
parking (not to include designated commonly-held open space or recreational areas) shall
be a minimum of 22 feet in width. Furthermore,no vehicular parking shall be allowed in
the aforementioned areas.
(Ord. 626, § 3, 1989; Ord. 94-56; Ord. 99-16, § 4, 1999; Ord. 2007-008, § 2, 2007)
15.10.240. Home occupations.
(a) Intent. It is the intent of this chapter to permit home occupations which are
compatible with other permitted uses and with the residential character of a
neighborhood, and which are clearly secondary or incidental to the residential use of the
main building. In general, a home occupation is an accessory use so located and
conducted that the average neighbor,under normal circumstances,would not be aware of
its existence. So long as all the development requirements of section are met, home
occupations are permitted accessory uses as identified in the land uses allowed table
15.10.225.
(b) Development requirements.
(1) Not more than two persons shall be employed in the home occupation.
(2) No more than 30 percent of the gross floor area of all buildings on the lot shall be
used for the home occupation.
(3) The home occupation shall be carried on wholly within the principal building, or
other buildings which are accessory thereto. Any building used for a home occupation
shall be wholly enclosed.
(Ord. 626, § 3, 1989; Ord. 633, § 2, 1990; Ord. 94-56)
Article 3. Supplementary Regulations
15.10,310. Contract zoning.
This section repealed May 11, 1992.
(Ord 626, § 3, 1989; Ord. 92-10)
15.10.315. Nonconforming lots, structures and uses.
(a) Intent. Within the zoning districts established by this chapter or amendments that
may later be adopted, there may exist lots, structures, and uses of land and structures, and
characteristics of use which were lawful before the effective date of the applicable
regulations,but which would be prohibited,regulated or restricted under the terms of this
chapter or future amendment. It is the intent of this chapter to permit these
nonconformities to continue until they are removed,but not to encourage their
perpetuation, and to eliminate the nonconformities as rapidly as the law permits. It is
further the intent of this chapter that nonconformities shall not be enlarged upon,
expanded or extended, nor used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
(b) Status designated. When a lot, structure, or use legally exists prior to the adoption
of this ordinance or otherwise stated effective date, but does not meet the requirements of
this chapter, it shall be permitted to continue within the limits set forth in this section.
Under such circumstances it is said to have nonconforming status. There are three types
of nonconforming status:
(1) Lots. The lot, width, or acreage is smaller than the minimum permitted in the zone
in which it is located.
(2) Structures. The structure is designed to accommodate a nonconforming use or fails
to meet yard, coverage, height, or other development requirements established for the
zone in which it is located.
(3) Uses. The use to which land and/or structures is being put is not a principal,
accessory, or conditional use permitted in the zone in which it is located, and is not
otherwise permitted in this chapter.
(c) Effective date. Any land, structure, or use that legally existed prior to June 6, 1978,
but does not meet the requirements of this chapter, shall be considered a nonconforming
lot, structure or use.
(d) Nonconforming uses. Nonconforming uses are subject to the following provisions:
(1) A nonconforming use within a nonconforming structure shall not be extended to
occupy any land outside that structure;
(2) When a nonconforming use is discontinued for one year,the use shall not thereafter
be permitted except in conformance with the regulations of this chapter;
(3) All nonconforming uses associated with a nonconforming structure which is
destroyed, shall be deemed terminated; and,
(4) A nonconforming use shall not be moved to any other portion of the lot or the parcel.
(e) Nonconforming lots. Nonconforming lots of record in existence on December 5,
1978, which do not meet minimum lot size or width requirements for the district in which
they are located may be used for all uses permitted in the district,provided they are at
least 3,000 square feet and all other provisions of this title are met.
(f) Nonconforming structures. Nonconforming structures are subject to the following
restrictions:
(1) A nonconforming structure may not be enlarged or altered in a way which increases
its nonconformity;
(2) Should a nonconforming nonresidential structure or nonconforming portion thereof
be damaged by any means to an extent of more than 50 percent of its replacement cost at
time of destruction, as determined by the city manager or his designee, it shall not be
reconstructed except in conformity with the provisions of this chapter;
(3) Any nonconforming residential structure being used as a primary residence that is
destroyed may be rebuilt provided that all provisions of this chapter, excluding lot size
and width, are met; and
(4) On any nonconforming structure or portion of a structure containing a
nonconforming use, work may be done,in any period of 12 consecutive months on
ordinary repairs,to an extent not exceeding 50 percent unless said repairs are in
conformity with all other provisions of this chapter or are required by any official
charged with protecting the public safety.
(g) Elimination--Public safety, health and general welfare. If it is determined that a
nonconforming lot, structure or use, or combination thereof, significantly impairs the
public health, safety, and general welfare or the rights of neighboring property owners
pursuant to this chapter, the city council shall by ordinance establish a reasonable
schedule for the termination of the nonconformity.
(h) Uses permitted under conditional use provisions.
(1) A use that was legal and did not require a conditional use permit when it was
initiated, but which would now require a conditional use permit under the terms of this
chapter, shall be considered a legal conforming use and may continue to exist as a
conditional use subject to the provisions of this chapter and may be modified in
accordance with section 15.10.320. In accordance with section 15.10.320(f)(3), if there is
a lapse in such use for a period of one year or longer, that use will no longer be
considered a legal conforming use, and the owner must apply for a conditional use permit
for any later use.
(2) A use that was conditionally permitted when it was first initiated,but which is now
allowed as an outright use in the district in which it is located under the terms of this title,
shall not be deemed a nonconforming use. Such use shall be considered to exist as a
permitted principal use and the conditional use permit shall be null and void.
(Ord. 626, § 3, 1989; Ord. 97-15; Ord. 99-10, § 4)
15.10.320. Conditional use permits.
(a) Intent. It is recognized that there are some uses which may be compatible with
designated principal uses in specific zoning districts provided certain conditions are met.
The conditional use permit procedure is intended to allow flexibility in the consideration
of the impact of the proposed use on surrounding property, and the application of controls
and safeguards to assure that the proposed use will be compatible with the surroundings.
The commission shall permit this type of use if the conditions and requirements listed in
this chapter are met.The allowed uses are listed in the land uses allowed table 15.10.225.
Before a conditional use permit may be granted, the procedures specified in this chapter
must be followed.
(b) Applications. Applications for a conditional use permit shall be filed in writing with
the city clerk. The application shall include but is not limited to the following:
(1) Name and address of the applicant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) A legal description of the property involved;
(4) A description of the proposed use;
(5) Dimensioned plot plans showing the location of all existing and proposed buildings
or alteration, and such data as may be required; and
(6) The appropriate fee as established by city council resolution.
(c) Public hearing. If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of section 15.01.040 of this title.
(d) Review criteria. Prior to granting a use permit,it shall be established that the use
satisfies the following conditions:
(1) The use is consistent with the purpose of this chapter and the purposes of the zoning
district;
(2) The value of the adjoining property will not be significantly impaired;
(3) The proposed use is in harmony with the comprehensive plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare;
(6) Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions shall be met by the applicant. These may include but are not
limited to measures relative to access, screening, site development,building design,
operation of the use and other similar aspects related to the proposed use.
(e) Approval resolution. At any time after the hearing required in section 15.20.320(c),
the commission may adopt a resolution approving a conditional use permit provided that
it includes findings of fact that the review criteria in section 15.10.320(d)have been met.
Upon adoption, the city shall cause a copy of the resolution to be posted for at least ten
days in at least three public places within the city. An appeal of the commission's action
may be made at any time until the resolution becomes effective. Unless rescinded,
amended or appealed any resolution adopted under this chapter automatically becomes
effective ten days after passage and posting.
(f) Modification of final approval.
(1) An approved conditional use permit may, upon application by the permittee,be
modified by the planning and zoning commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
(2) The modification application shall be subject to a public hearing and a filing fee set
by city council resolution.
(g) Expiration; extensions; transferability.
(1) An approved conditional use permit lapses six months after approval if no building
permit is procured or if the allowed use is not initiated.
(2) The commission may grant time extensions not to exceed six months each upon a
finding that circumstances have not changed sufficiently to warrant reconsideration of the
approval of the conditional use permit. A request for an extension must be submitted
prior to the expiration of the permit. A public hearing shall not be required prior to
granting an extension of time.
(3) A conditional use permit shall automatically expire if for any reason the conditioned
use ceases for a period of one year or longer.
(4) A conditional use permit is not transferrable from one parcel of land to another.
Conditional use permits may be transferred from one owner to another for the same use,
but if there is a change in use on the property, a new permit must be obtained.
(Ord. 626, § 3, 1989: Ord. 649, § 5, 1991; Ord. 94-56; Ord. 97-15; Ord. 98-06)
15.10.325. Variances.
(a) Intent. When the literal enforcement of this chapter would deprive a property owner
of the reasonable use of his real property, a variance would allow for the relaxation of the
development requirements of this chapter to provide relief.
(b) Application. Application for a variance shall be filed with the city clerk. The
application shall include, but is not limited to the following:
(1) All of the information required for a conditional use permit;
(2) A precise description of the variance requested, including the section, paragraph and
sentence of this chapter from which the applicant wishes to deviate;
(3) A written item-by-item response to all of the conditions specified in this section; and
(4) The appropriate fee as established by city council resolution.
(c) Public hearing. If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of section 15.01.040 of this title.
(d) Review criteria. The commission shall establish a finding that all of the following
conditions have been found to exist as a prerequisite to issuance of a variance permit:
(1) The proposed action must be consistent with all of the general conditions required
for a conditional use permit;
(2) Special conditions and circumstances exist which are peculiar to the land or
structures involved and which are not applicable to other lands and structures in the same
district;
(3) The special conditions and circumstances have not been caused by actions of the
applicant;
(4) Financial hardship or inconvenience shall not be a reason for granting a variance;
(5) Other nonconforming land use or structures within the district shall not be
considered grounds for granting a variance;
(6) A variance shall be the minimum variance necessary to permit the reasonable use of
the land or structure; and
(7) A variance shall not be granted which will permit a land use in a district in which
that use is otherwise prohibited.
(e) Approval resolution. At any time after the hearing required in section 15.10.325(c),
the commission may adopt a resolution approving a variance provided that it includes
findings of fact that the review criteria in 15.10.325(d)have been met. Upon adoption,
the city shall cause a copy of the resolution to be posted for at least ten days in at least
three public places within the city. An appeal of the commission's action may be made at
any time until the resolution becomes effective. Unless rescinded, amended or appealed
any resolution adopted under this chapter automatically becomes effective ten days after
passage and posting.
(f) Permit. An approved variance permit shall lapse six months from the date of
approval if the variance for which the permit was issued has not been implemented. The
commission may grant a time extension not to exceed six months upon finding that
circumstances have not changed sufficiently since the date of initial permit approval. A
request for extension must be submitted prior to the expiration of the permit. A public
hearing shall not be required as a condition of granting the extension.
(Ord. 626, § 3, 1989; Ord. 98-06)
Article 4. Appeals
15.10.410. Appeals--Generally.
(a) Purpose. This article governs all appellate actions and determinations, including
interpretation and enforcement, taken under the Seward Zoning Code.
(b) Appeals--Standing. Any person or persons aggrieved by an action or determination
taken under this chapter may appeal said action or determination.
(c) Time limitation. An appeal of a decision of the administrative official or the Seward
planning and zoning commission must be filed within ten days of the action or
determination being appealed. An appeal of a decision of the board of adjustment must be
filed within 30 days of the action or determination being appealed. Computation of the
time period for filing an appeal shall commence with the date on which the action or
determination is mailed or delivered to the parties involved. Any decision not appealed
within these time limits shall become final.
(d) Applications. The application for appeal shall be filed with the city clerk, except
that appeals to the superior court shall be filed with the appropriate court officer with a
copy to the city manager, shall be in writing, and shall contain, but is not limited to, the
following information:
(1) The name and address of the appellant;
(2) A description of the action or determination from which the appeal is sought; and
(3) The reason for the appeal which must show a grievance to the applicant.
(e) Filing fee. An application appealing actions and determinations of the
administrative official or the Seward planning and zoning commission shall be
accompanied by a filing fee as set by resolution of the council.
(f) Jurisdiction. Appeals of actions and determinations of the administrative official are
heard by the Seward planning and zoning commission. Appeals of actions and
determinations of the commission are heard by the board of adjustment. Appeals of
actions of board of adjustment are heard by the superior court.
(Ord. 626, § 3, 1989; Ord. 2005-02)
15.10.415. Appeal notice and hearing.
(a) Upon receipt of a valid application appealing an action or determination of the
administrative official or the Seward planning and zoning commission, the city clerk
shall schedule an appeal hearing to be held within 30 days. All parties to the action or
determination being appealed shall be provided with written notice not less than 15 days
prior to the appeal hearing. Notice of the appeal hearing shall also be published in the
manner provided for publishing notice of public hearings in section 15.01.040(a).
(b) An appeal hearing conducted by the board of adjustment shall be on the basis of the
record established before the commission and the record on appeal. The agency hearing
an appeal may allow for oral presentations by the administration and the appellant. A
time limit may be established for said presentations.
(c) The hearing, and any reconvenings thereof, shall be open to the public; however, the
hearing agency may vote to recess to a closed, executive session,in order to deliberate
and prepare its findings of facts and conclusions of law; provided that final action shall
be voted upon in open session.
(d) No new evidence shall be received or considered by the board of adjustment hearing
an appeal. Appeals alleging new evidence or changed circumstances shall not be heard by
the board of adjustment but shall be remanded forthwith by the city clerk to the
commission, which shall determine whether to rehear the matter.
(Ord. 626, § 3, 1989; Ord. 94-41)
15.10.420. Record of appeal.
(a) The record of appeal shall be prepared by the city clerk and provided to the hearing
agency not less than five days prior to the hearing, and shall consist of the following:
(1) A verbatim transcript of the prior proceedings from which the appeal has been taken,
if those proceedings were taped or otherwise recorded, or if the proceedings were not
recorded, copies of any approved minutes, summaries or other records of the
proceedings;
(2) Copies of all memoranda, exhibits, correspondence,recommendations, analyses,
maps, drawings, and other documents or exhibits submitted prior to the decision from
which the appeal is taken;
(3) A copy of all prior written actions, determinations and decisions, including findings
and conclusions;
(4) A list of the names and addresses of all persons appearing as witnesses at prior
hearings; and
(5) Any written statements filed pursuant to section 15.10.425.
(b) The record of appeal shall be made available for public inspection in the clerk's
office not less than five days prior to the hearing date.
(Ord. 626, § 3, 1989)
Clod
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